DALTON v. PENINSULA HOSP. CTR


164 Misc.2d 912 (1995)

626 N.Y.S.2d 362

David Dalton et al., as Administrators of The Estate of Zalette Dalton, Deceased, Plaintiffs, v. Peninsula Hospital Center et al., Defendants.

Supreme Court, New York County.

April 19, 1995


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Gary K. Tannenbaum of counsel), for defendants. Profeta & Eisenstein, New York City (Jethro M. Eisenstein of counsel), for plaintiffs.


STANLEY L. SKLAR, J.

This case presents the issue of whether claims of negligence and breach of contract arising out of the alleged failure of a health maintenance organization (HMO) to furnish qualified health care providers to those who receive coverage under the HMO's plan are preempted by the Employee Retirement Security Act of 1974 (ERISA [29 USC § 1001]). I hold that they are.

Defendants...

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